Article 81 EC and Public Policy

This book discusses the role of public policy in Article 81 of the EC Treaty. The Commission, and recently the Court of First Instance have said that the sole objective of Article 81 EC is consumer welfare. Many competition lawyers and economists support this view. Writing in a crisp, plain style, Townley demonstrates that public policy considerations are still relevant in that provision. He also examines how and where they are currently considered and then suggests why, how and where this might be changed.

The book explains how some of the most complex competition law cases can be understood and offers a framework for those fighting or deciding such cases in the future. As such, it will be of interest to European competition lawyers, both academics and practitioners (furnishing them with a framework for hard cases), as well as students, seeking a deeper understanding of how the European competition rules work and how they interact both with European Union and Member State public policy goals.

It will also help competition economists by revealing the mechanisms through which public policy considerations impact upon the consumer welfare test in European law.

Introduction Part A: Considering Public Policy Objectives In Competition Law Introduction To Part A Chapter 1: Competition Policy and Public Policy Objectives in a Theoretical Framework 1. Introduction 2.Why Competition Policy Might Include Public Policy Objectives 3.When Competition Policy Might Include Public Policy Objectives 4. Conclusion Chapter 2: Competition Policy and Public Policy Objectives in a Community Law Framework 1. Introduction 2. In Favour of Balancing in Article 81 EC 3. Objections to Balancing in Article 81 EC 4. Conclusion Conclusion of Part A Part B: How and Where is Public Policy Balancing Performed in Article 81 EC? Introduction to Part B Chapter 3: How The Balance Is Implemented - Mere-Balancing in Article 81(1) EC 1. Introduction 2. Compromise Within Article 81(1) EC 3. Two Related Questions 4. Conclusion Chapter 4: How The Balance Is Implemented - Mere-Balancing In Article 81(3) EC 1. Introduction 2. Compromise Within Article 81(3) EC 3. The Balance 4. Conclusion Chapter 5: How The Balance Is Implemented - Market-Balancing In Article 81 EC 1. Introduction 2. Consumer (or Producer) Welfare 3. Productive and Dynamic (or Allocative) Efficiencies 4. Partial (or Total) Equilibrium 5. Conclusion Conclusion of Part B Part C: How and Where Should Public Policy Balancing Be Performed in Article 81 EC? Introduction to Part C Chapter 6: How and Where Should Public Policy Balancing Be Performed in Article 81(1) EC? 1. Introduction 2. Prevention, Restriction or Distortion of Competition 3. The Relevance of Public Policy Objectives in Article 81(1) EC 4. Conclusion Chapter 7: How and Where Should Public Policy Balancing Be Performed in Article 81(3) EC? 1. Introduction 2. The First Test: Balancing in the Public Interest 3. The Second Test: Consumers' Fair Share of the Resulting Benefit 4. The Third Test: Indispensability, Article 81(3)(A) 5. The Fourth Test: Do Not Eliminate Competition, Article 81(3)(B) 6. Conclusion Chapter 8: A Framework For Balancing In Article 81 EC 1. Introduction 2. Defining an Over-arching Objective 3.Weight for the Right Balance 4. Comparing Apples and Pears - A Common Meter 5. Conclusion Conclusion of Part C Conclusion Bibliography Books And Chapters Articles Speeches Non-Community Legislation, Guidelines, Court Judgments And Reports Community Legislation, Guidelines And Reports Community Cases Community Commission Decisions Newspaper Articles